EcoParent Inc. ("EcoParent") is an organization that conducts a number of activities, including the publication of a national consumer magazine and other ancillary publications, and the internet-based facilitation of real-world, community-originated and organized events. These Terms of Use (the “Terms”) set out the legally binding terms upon which EcoParent offers Users access to the site and services. They apply to you whether you are a Member (which means you have registered with the site), a Business Agent (which means you use the site in a business capacity), or a Visitor (which means you visit the site but have not registered). By using the EcoParent website in any capacity, including those listed above, you agree to be bound by these Terms. If you do not agree with these Terms, please leave the website immediately and cease using any services associated with the site. From time to time, in order to access certain services associated with the site, you may be required to download software or agree to additional terms, conditions, rules or guidelines. All such additional terms are hereby incorporated into these Terms. You may view a current version of the Terms at any time by clicking on the “Terms of Use” link at the bottom of any page on the site. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Eligibility: The site and our services may only be used by individuals who are able to form legally binding contracts under applicable law. Without limiting the foregoing, the site and our services are not available to children, unless their use of the services and the site is under the supervision of a parent or legal guardian. Individuals under the age of 18 should not use this site in the absence of said supervision. EcoParent assumes no responsibility for the result of any unsupervised usage of this site by a minor.
If you have any questions or concerns about these Terms, please feel free to contact us.
Rates & Fees for General Usage
EcoParent does not charge members or visitors any fees for use of the site. EcoParent may charge business agents to list their business on the site. Business Agents may elect to purchase a paid advertising membership, available at various price points. The terms of these advertising memberships may change at the discretion of EcoParent. If Your Account has been terminated by EcoParent because you have not complied with these Terms, you will not be entitled to any refunds.
Refunds for Advertisers
All sales of advertising are final. You will not be asked to pay until you have approved the final proof, an act which affirms your acceptance and approval of the finished advertising product you have committed to purchase. Only under circumstances deemed by EcoParent to be exceptional, in which EcoParent finds one or more of its agents to be responsible for a significant error causing detrimental effects to a company, will payment be refunded. We promise to do everything reasonably possible to ensure those who choose to advertise with us get exactly the advertising product they have paid for, and to make reasonable reparation in the event that this does not occur.
Products
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Shipping & Returns
EcoParent magazine can ship to any address worldwide. However, the purchase of other consumer goods on this site are restricted to customers with Canadian and/or United States mailing addresses, depending on the context. International orders for said goods will not be accepted.
EcoParent magazine ships via Canada Post or the United States Parcel Service, for Canadian and US deliveries respectively, or for international orders via a service called DeliveryNet. Other consumer goods purchased on this site ship from a variety of retail partners across the United States and Canada.
Returns of EcoParent magazine are not accepted. Should you wish to cancel your subscription, you can do so via our customer care portal, or by contacting us by email at subscriptions@ecoparent.ca, or by phone at 705.874.9147.
Returns of all other consumer goods sold on this site are governed by the particular returns policy published on the product page. Do not return your product to EcoParent Inc. If, after reviewing the return policy on the product page of the item you purchased, you still need assistance with the return of a product purchased on this site, contact us by email at info@ecoparent.ca, or by phone at 705.874.9147.
Prices & Taxes
All prices are listed in either Canadian Dollars (CAD) or United States Dollars (USD). Unless otherwise indicated, list prices do not include applicable taxes. At the checkout, appropriate taxes will be added to your purchase.
Prices for products available for purchase on this site are subject to change without notice.
Customs Charges
We will not accept responsibility for any customs charges that may be incurred through shipping.
Errors, Inaccuracies & Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Ecommerce Payment Security
When collecting or transferring sensitive information such as credit card information we use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. The personal information you provide us is stored on computer systems located in controlled facilities which have limited access. When we transmit highly confidential information (such as credit card number or password) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
EcoParent offers you two secure methods of internet-based payment. First, EcoParent utilizes the credit card processing services of Braintree Gateway, a subsidiary of PayPal. When making credit card payment via this method, your payment information is securely transmitted directly to Braintree, and never visible to, or stored by, EcoParent Inc. or its employees. For your convenience, EcoParent also accepts payment via PayPal for those who would prefer to pay via their existing PayPal accounts.
If you would prefer to make payment in an alternate fashion, we may be able to make special arrangements, at our sole discretion. Please feel free to contact us if this is the case.
Intellectual Property
By posting any content to the site, you grant to EcoParent a non-exclusive, irrevocable, perpetual, fully-paid and royalty-free worldwide license (with a right of sublicense through unlimited levels and numbers of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit and distribute such content in any form or media, whether now known or later discovered. You represent, warrant and covenant that (i) you own the copyright to the content posted by you or otherwise have the rights to grant the licenses herein; and (ii) posting of the content and/or the use by EcoParent or any other person of the content in connection with any services will not violate any contract or intellectual property rights, or any rights of privacy or personality, of any person. You may not post, modify, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. You agree to pay for all royalties, fees and any other monies owing to any person by reason of any content posted by you on the site or used in connection with any of the services. The site and the services contain intellectual property belonging to EcoParent. All EcoParent content is protected by copyright, trademark, patent, and other laws. EcoParent owns and retains all rights to the EcoParent content and to the site and the services. EcoParent hereby grants you a limited, revocable and non-sub licensable license to display and reproduce the EcoParent content (excluding any software code) solely for your personal use in connection with viewing the Site and using the services.
Logos Featured On This Site
EcoParent displays the logos of many businesses, logos which EcoParent does not own or have license to. These logos are protected by copyright and/or trademark. It is believed that the use of low-resolution images of logos to illustrate an organization, event, or item on EcoParent is considered fair dealing under the Canadian Copyright Act. Any other uses of these images, on EcoParent, or otherwise, may constitute copyright infringement. Use of the logos here does not imply endorsement of the organization by EcoParent. IF YOU ARE THE COPYRIGHT HOLDER TO ANY IMAGE ON THE SITE, AND WISH TO HAVE THE IMAGE IN QUESTION REMOVED, PLEASE EMAIL US.
Making Claims of Copy Infringement
If you believe that any material or content distributed by EcoParent constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Your Account
You are solely responsible for Your Account, the content you post and your interactions with other Users, both online and in the real world. EcoParent reserves the right, but has no obligation, to monitor the Site, any content or any disputes between you and other Users. Despite the prohibitions set out in these Terms, information and content provided by other Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and EcoParent assumes no responsibility or liability for this material. If you become aware of misuse of the services or the site by any person, please contact us.
Code of Conduct
The site and services may only be used for lawful purposes. You may not use the site or services to transmit, post, distribute or store any material or conduct any activities in violation of any applicable local, provincial, state, federal or foreign law or regulation. You agree to comply with any applicable laws, statutes, bylaws and regulations in your use of the site and our services. You agree not to use the site or services in any manner that violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of EcoParent or any third party, expose EcoParent to civil or criminal liability, or violate this Agreement. You agree that you are solely responsible for obtaining all necessary licenses and permissions necessary for your activities and for verifying that other Users with whom you communicate do the same. The site and the services are for personal use of Users only and may not be used in connection with any commercial endeavours, except those specifically endorsed or approved by EcoParent. No one may collect usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email. Unauthorized framing or linking to the site is prohibited. Commercial advertisements, links and other forms of solicitation are prohibited and may be removed without notice.
You agree that you will not use the Web Site in any way to:
• post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy;
• post, disseminate, or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
• post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
• post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
• impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Web Site;
• post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
• disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in discourse;
• interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site;
• electronically or personally stalk or otherwise harass another user;
• collect or store personal data about other users;
• engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
• use the Web Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Web site's providers, Web sites, chat rooms, or the like;
• Intentionally or unintentionally violate any applicable local, provincial, national, or international law or any regulations having the force of law;
• Disrupt or interfere with any other person's use or enjoyment of this site or affiliated or linked sites;
• Engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
• Access or use another's account, password, service, system or other information without prior written authorization;
• You agree not to post any prohibited content on the site or post any links or URL's (web addresses) to sites containing prohibited content. Prohibited content includes, without limitation, words, images, events, ads, sounds or other content that: is obscene or involves pornography; Denigrates a class of people because of their race, religion, country of origin, sexual orientation or gender; Depicts violent or criminal acts, or seeks to incite violence or crime; Relates or pertains to any "hate group," for example, groups that are organized in part to promote the oppression of or assert the supremacy of any class of people; Contains nudity, violence or offensive subject matter, or defamatory or libellous statements; Makes abusive, harassing or unlawfully disparaging remarks or threats; Involves any commercial activities and/or sales without our prior consent, including promoting any contests, sweepstakes, barter, advertising or franchise, pyramid scheme, multi-level marketing (MLM) opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, requires recruitment of other members, sub-distributors or sub-agents; Infringes or violates, or promotes infringement or violation of any third party's copyright, trademark, trade secrets, privacy or Other proprietary or property right, for example, by providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; Includes a photograph of another person that you have posted without that person's consent; Impersonates any person or entity or that you know is misleading, false or promotes illegal activities; Solicits personal information from anyone under age 18 or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; Involves the transmission of junk mail, chain letters or unsolicited mass mailing, instant messaging, phishing, spamming or the like; Contains restricted or password only access pages or hidden pages or images; Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; Provides any person's telephone numbers, street addresses, urls or email addresses without that person's consent; or could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
Monitoring of Information
EcoParent is committed to maintaining a positive and safe online community. We reserve the right to, but are not required to, monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, blogs, events, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.
External Links
The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of the availability of External Links or their contents. We suggest that you review the terms of use and privacy statements of such External Links prior to using them.
Your Contact With Advertisers or Other Third Parties
Your dealings with advertisers or other third parties found on or through the Web Site are solely between you and the third party. These dealings include, but are not limited to, your participation in events, promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. EcoParent does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that EcoParent will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.
Information Disclaimer
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEB SITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. NOTHING CONTAINED IN THE WEB SITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER ECOPARENT NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE. ECOPARENT AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEB SITE. WHILE ECOPARENT STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND UP-TO-DATE, ECOPARENT AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
Disclosure and Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any EcoParent related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
Modification or Suspension of the Web Site
You agree that EcoParent may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that EcoParent will not be liable for the consequences of doing so.
Termination of Usage and/or Membership
You agree that EcoParent may, in its sole discretion, and at any time, terminate your use of and/or membership in the Web Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you for any reason that EcoParent, in its sole discretion, deems appropriate. You further agree that EcoParent will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
Disclaimer Of Warranties And Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT YOU USE ECOPARENT AND ITS RELATED SERVICES AT YOUR OWN RISK. ECOPARENT'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW. ECOPARENT PROVIDES ON-LINE BUSINESS INFORMATION AND NETWORKING TOOLS TO BUSINESS OWNERS, MEMBERS OF THE PUBLIC AT LARGE, AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS BLOGS, FORUMS FOR DISCUSSION, REVIEWS AND COMMENTARIES TO MEMBERS THROUGH THE ECOPARENT WEBSITE AND OTHER MEANS OF DISTRIBUTION. ECOPARENT DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON ECOPARENT. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY ECOPARENT IS OBTAINED, THERE MAY BE DELAYS, OM ISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY ECOPARENT, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT, REVIEW OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ECOPARENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY ECOPARENT AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE ECOPARENT OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE ECOPARENT WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER ECOPARENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $50.00 CDN DOLLARS.
Indemnity
You hereby agree to indemnify, defend and hold harmless EcoParent and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. EcoParent reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.